Allied Concrete Ltd v Meltzer & Hayward

[2013] NZSC 102

IN THE SUPREME COURT OF NEW ZEALAND

SC 51/2013
[2013] NZSC 102

BETWEEN	ALLIED CONCRETE LIMITED Applicant
AND	JEFFREY PHILIP MELTZER AND LLOYD JAMES HAYWARD AS LIQUIDATORS OF WINDOW HOLDINGS LIMITED (IN LIQUIDATION) Respondents

SC 80/2013
BETWEEN	FENCES AND KERBS LIMITED Applicant
AND	PETER ESMOND FARRELL AND SIMON PAUL ROGAN AS LIQUIDATORS OF CONTRACTING ENGINEERING LIMITED (IN LIQUIDATION) Respondents

SC 81/2013
BETWEEN	HIWAY STABILIZERS NEW ZEALAND LIMITED Applicant
AND	JEFFREY PHILIP MELTZER AND LLOYD JAMES HAYWARD AS LIQUIDATORS OF WINDOW HOLDINGS LIMITED (IN LIQUIDATION) Respondents

Court:	McGrath, William Young and Arnold JJ
Counsel:	J V Ormsby for Applicant SC51/2013 J P Temm for Applicant SC80/2013 G M Harrison for Applicant SC81/2013 B P Keene QC for Respondents SC51/2013 and SC81/2013 M D Branch for Respondents SC80/2013
Judgment:	24 October 2013

JUDGMENT OF THE COURT

Leave to appeal is granted in respect of all applications.

The approved question is whether the Associate Judge and Court of Appeal (as the case may be) was correct to conclude that the payments made to Allied Concrete Ltd, Hiway Stabilizers New Zealand Ltd and Fences and Kerbs Ltd should be set-aside and that judgment should be entered against them accordingly.

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Solicitors:
Wynn Williams, Christchurch for Applicant SC51/2013
Cargill Stent Law, Taupo for Applicant SC80/2013
NorthHarbour Law, Orewa for Applicant SC81/2013
Hucker & Associates, Auckland for Respondents SC51/2013 and SC81/2013
Harkness Henry, Hamilton for Respondents SC80/2013